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HomeMy WebLinkAboutbocc.ord.003.2013 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO,AMENDING THE FOLLOWING SECTION OF THE 2006 PITKIN COUNTY LAND USE CODE,TITLE 8 OF THE PITKIN COUNTY CODE: SECTION 7-20-100(0(3),OPTIONAL INCENTIVES FOR HISTORIC PRESERVATION Ordinance No.03-2013 RECITALS 1. Pitkin County Community Development Department staff("Applicant")has submitted a request to the Board of County Commissioners of Pitkin County,Colorado("BOCC")to amend Sec. 7-20-100(0(4))of the 2006 Land Use Code,the Optional Incentives for Historic Preservation. 2. The Pitkin County Planning and Zoning Commission considered the proposed code amendment at a regularly scheduled meeting on February 5,2013,and recommended approval by a vote of 3-0. 3. The BOCC considered the proposed code amendment at a regular meeting on first reading on February 13,2013,and voted to approve the proposed amendment on second reading at a duly noticed public hearing on March 13,2013. 4. The BOCC finds that the proposed code amendment is consistent with the applicable provisions of the Code. NOW,THEREFORE,BE IT ORDAINED by the BOCC that it hereby amends Title 8 of the Pitkin County Code,the Land Use Code,to amend Sec. 7-20-100(0(3),as follows in Attachment A. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE 13th DAY OF FEBRUARY, 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORTS MMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE /..DAY OF �tih,U4 v 2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE(www.aspenpitkin.com)ON THE 15th DAY OF FEBRUARY, 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE 13TH DAY OF MARCH, 2013. PUBLISHED BY TITLE AND SHORT SUMMARY,AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE 41 DAY OF p't!L , 2013. THIS ORDINANCE SHALL BECOME EFFECTIVE 30 DAYS AFTER PUBLICATION FOLLOWING FINAL ADOPTION BY THE BOARD OF COUNTY COMMISSIONERS. Ordinance No.063-2013 Page 2 BOARD OF COUNTY COO DONERS OF PITKIN COUNTY, w By _ ���` AT George etyma',Chairman I ATTEST: Date • ' / .Ai 1- Jel ette Jones,Cler.J o the BOCC APPROVED AS TO CONTENT: APPROVED AS TO FORM: � C' dy��=oub�, John Ely,Coun _ '�, y Community Development Director ■ • Ordinance No.063-2013 Attachment A—Page 1 ATTACHMENT A 7-20-100: HISTORIC PRESERVATION (f) Benefits rovidin support to private property owners to assist in Pitkin County is committed to p g efforts to maintain,preserve and enhance their historic might properties.imposed by the their inconveniences that provided are intended to balance any protective measures of this section. They also recognize the value gained by the larger p community from the p reservation of these resources. (1) Applicability (a) Prior to the adoption of this Land Use Code provision, a program of ( ) previously developed for the historic properties in the incentives was asp y to maintain Redstone Historic Districtha�are the intent of available toPhe property owners within those existing incentives that Redstone Historic District. Register or (b) Properties that are subsequently designated ble for the followi g benefits listed on the Historic Inventory may bee eligible to the specific provisions for participation. (2) Base Incentives designated to the Pitkin County Historic Property Register or listed All properties are eli ible for: on the Pitkin County Historic Inventory eligible Alternative Building Code Compliance To preserve and maintain the historic and architectural data Code listed p and designated properties the International to the requirements of may be utilized to provide alternative approaches These modifications may not the International Building Code (IBC). and permit requirements and change the goals of the applicable safety must follow the procedures provided for modification exemption from he IEBC. The Chief Building Official may also for listed or designated Energy Code and Efficient building program historic properties. (b) Variances Ordinance No.0-2013 Attachment A—Page 2 The Board of Adjustment may approve variances from the dimensional requirements of this Land Use Code as permitted pursuant to Sec. 2-40- 110 if it is demonstrated that these variances assist in the preservation and maintenance of the listed and designated historic properties. (c) Priority for Participation in County Programs Listed or designated properties will be eligible and have priority to related to financial, developmental, participate in other County programs reserve technical and promotional assistance that will serve to maintain,preserve enhance their historic and architectural character. (3) Optional Incentives Properties designated to the Pitkin County Historic Register may be granted the following incentives by the Board of County Commissioners on a discretionary basis: (a) Expedited Review A project involving a designated property may be brought before the Board of County Commissioners for consideration of its merits and the circumstances needed for the preservall the necessary applicati structures or buildings,without the completion of all may be required for final materials. Completion of the necessary reports d if the Community approval but an initial review may be scheduled project's preservation Development Director determines overriding e s ons�der ro ation. p accomplishments should be the Transfer of Development Rights Transfer of Development Rights may be allowed subject to compliance with standards for issuance of TDRs on historic register properties in Section 6-70-40. (c) Extended Vesting Period An extended vesting period may be granted. (d) Exemptions The following exemptions may be granted by the Board of County Commissioners on a discretionary basis. Ordinance No.00-2013 Attachment A—Page 3 1. Growth Management Quota System nt exemptions are fully or part ally • pursuant to Sec. 6-30 and/or development from the Growth Management Quota System; 2. Subgrade space may be exempted from floor area calculations; and/or 3. Exemption from affordable housing mitigation requirements. (e) Density Bonus The ability to construct one (1) additional house, notwithstanding the existence of a historic building on the property and the failure of the lot or parcel to meet the minimum size otherwise required to accommodate both the historic and the new building. Reduced Ri arian Area/Wetland Sets The ri•arian area/wetland setbacks established in Sec. historic resource, l be reduced. in order to effectuate l the _ro reservation of a outside of the setback when there is no other to accommodate additional develo•me of To wi Tibin`elo•e a•.lcatiaen. the a_ •licant shall demonstrate as art sult for ro•osed develo went that the reduction nd/or a reduction in t the in water ualit de radation stream bank erosion ualit of ri narian or wetland habitat pursuant to the followin_r criteria: 1. Slo es within the setback reduction rec uested are less than thin 30 •ercent. 2. 1-li=hl erodible soils or unstable stream bank conditions are not .resent within the setback reduction re•uested or will unaffected b 7 the ro osed activit or develo'Intent within the setback reduction re•uested. 3. The ro osed use of the ro ertY does not ta e resent t a s in ial hazard to water •ualit or wetlands of hazardous or toxic materials . 4. The setback shall not be reduced such that it encroaches zone as to the one hundred 100 'ear or intermediate re_ional defined in Sec. 7-20-40 a . Develo.ment shall not im ede the one hundred 100 Tear flood flow. Ordinance No.(,�3-2013 Attachment A—Page 4 5. Trees shrubs or other natural features tictmoveme n within aam bank stabilit enhance wildlife corridor •rovide habitat enhancement do not exist or will be environments and ri arian area. unaffected b the ro osed activit or develo ment within the setback reduction re•uested. listed as 6. Habitat for•slant, animal or other wildlife States F sh and Wildlife threatened or endan 5ered by the United Service does not exist within the setback reduction re uested. 7. Habitat for lant. animal. or other wildlit _er idssi eeiesofhe State of Colorado as rare threatened or s ecial concern or s.ecies of undetermined status does not exist within the setback reduction re ueste 8. The area within the setback reduction er ernes ted is not needed ed��o storm revent or minimize flood lama 7e b water stora_e ca.acit 9. The area within the setback.reduction re,uested is round needed to rotect fish s•awnin T.breed.in.7 nurse ' and feedm_ 10. The area within the setback reductiohi to gal arche loneeded to .reserve areas of s ecial.recreational scenic or scientific interest. 11. The a licant shall a_ree to enhancement nt hanc envelo ctdesi snation and vc 7etation as a condition of the the Site demonstrate comeliance with said to condition ion c hauri gent that is Plan Review .rocess. The ri..arian ve accom lished shall be ro ortionalso A extent t of the 1 xistin ri arian habitat de 5radation on the site. many Tement Ian and draina 7e and erosion deleterious effects on be re•uired to insure that there will be no ri arian vegetation. (4) Eligibility tin of any of the optional incentives is not a matter d right but is at the The granting sole discretion of the Board of Co°unpSe Commissioners°project s ability to advance the assessment of the merits of the proposed P j 1 historic County's preservation goals, and its demonstration of exemplary Ordinance No. ,O-2013 Attachment A—Page 5 preservation practices. Any benefits that are awarded by the Board of County Commissioners will be subject to recordation of a co venant i to a form ensure acceptable to the County Attorney and the Historic Preservation and are maintained anticipated historic preservation ional incentive,the appl�ant must demonstrate over time. To be granted an optional (a) The design of the project meets all applicable historic preservation design guidelines and is in conformance with the Pitkin County Comprehensive Plan; and (b) The benefits provided are proportional to the significance of the historic resource; and (c) The historic building remains a key element of the property and the new development does not compromise the visual integrity of the historic n property; and ro ortional patterns found in (d) The new construction is reflective of the proportional or the work removes the historic building's form, materials and openings, its appearance ork during later alterations and restores the historic building its period of significance; and (e) The project is compatible with the character of the neighborhood in which it is located; and Historic outbuildings, site and landscape features are retained and stabilized and restored, as appropriate.